NDPS Act | Seized Vehicle Not Liable To Be Confiscated If Accused Used It Without Owner's Knowledge Or Connivance : Supreme Court

The Supreme Court ruled that a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act for the alleged transport of drugs cannot be confiscated if the owner of the vehicle can prove that it was used by the accused person without the owner's knowledge or connivance

“However, the seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that the vehicle was used by the accused person without the owner's knowledge or connivance and that he had taken all reasonable precautions against such use of the seized vehicle by the accused person.”, the bench comprising Justices Sanjay Karol and Manmohan said.

Also, the Court clarified that the seized vehicles can be confiscated by the trial court only after the trial is completed i.e., when the accused is convicted or acquitted or discharged, and an opportunity of hearing to the person who may claim any right to the seized vehicle before passing an order of confiscation.

“this Court is of the view that the seized vehicles can be confiscated by the trial court only on conclusion of the trial when the accused is convicted or acquitted or discharged. Further, even where the Court is of the view that the vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right to the seized vehicle before passing an order of confiscation.”, the court said.

Background

The Court was hearing the appeal filed against the Gauhati High Court's decision upholding the trial court's decision refusing to allow interim release of the Appellant's seized truck under Sections 451 and 457 of Cr.P.C.

Setting aside the High Court's decision, the judgment authored by Justice Manmohan held that the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) doesn't prohibit the interim release of vehicles that are seized for allegedly transporting contraband. The Court added that the seized vehicle can be released under Sections 451 and 457 of the Cr.P.C.

Also From Judgment: NDPS Act Doesn't Bar Interim Release Of Seized Vehicle Pending Disposal Of Criminal Case : Supreme Court

NDPS Act| When Can Owner Of Vehicle Used To Carry Contraband Be Arrayed As Accused? Supreme Court Explains

Case Title: BISHWAJIT DEY VERSUS THE STATE OF ASSAM

Citation : 2025 LiveLaw (SC) 30

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